Judge delays Bundick decision, but lets her wear makeup

Apr. 11, 2014

Tonya S. Bundick is led into Accomack County Circuit Court by Accomack Sheriff's Deputies on Thursday. Bundick has requested individual trails for the 62 counts of arson she faces in connection with an arson spree throughout the county. She has also requested a change of venue from Accomack County. / Staff photo by Jay Diem

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ACCOMAC — A circuit judge delayed making a decision on accused arsonist Tonya Bundick’s request for a separate trial in each of the 62 arsons for which she stands charged.

But substitute judge Glen A. Tyler will make sure she is allowed to wear makeup and wash her hair when the cases go to trial.

“I see no reason why she cannot be permitted to do what ladies do,” said Tyler after her attorney said Bundick was not allowed to perform basic grooming before a January trial in which she pleaded guilty to two counts in connection with the last fire.

Tyler said he wanted to read transcripts of Bundkick’s testimony during her previous trial before ruling on the defense’s request for separate trials.

Tyler said Virginia commonwealth attorney Gary Agar’s argument that the 62 charges were part of a larger whole — to keep their flagging relationship going — “is intriguing.”

Agar said the fires were part of a common plan, which allows them to be tried as one.

“There were 62 fires in 134 days. All were at night, all buildings were unoccupied, no accelerant was used, all were on secondary roadways,” Agar said. “The fact patterns are pretty narrow.”

“You say it meets the common plan test because their goal was to maintain their personal, intimate relationship,” Tyler said.

Defense Attorney Allan Zaleski argued that the arson cases were all different.

“The defendant wants a jury to hear her side in each particular case,” he said. He told the court the arsons were spread all around the county in 18 different townships.

“There is a mix of who did what,” he said, noting that in some of the cases, she was accused of setting the fires alone and in others, she is accused of driving co-defendant Charles Smith to the locations.

“There was a mishmash of things that were burned — grass, houses, woods, sheds. Some were insured and some had no value at all. Separate crimes should be tried separately.”

Agar disagreed, saying the commonwealth should be able to bring 62 charges at once, or in whatever form it wishes. He acknowledged the difficulty of doing that at one trial because of the coordination required from witnesses, police officers and property owners.

He said he believed the commonwealth should be free to do all together or to separate them as he sees fit.

Tyler also entered an order allowing Bundick to use a modest amount of makeup and other grooming essentials if she has another jury trial.

“She had not had an opportunity to make herself presentable,” Zaleski said. He said she was moved from the regional jail in Eastville the day before her trial in January and not allowed to perform basic grooming before appearing before a jury.

“This is not a subject the commonwealth would object to,” Agar said.

Tyler said washing hair and putting on makeup was a normal part of female grooming and should be permitted.

A court order allowing it was entered.

Bundick entered an Alford plea to charges of arson and conspiracy to commit arson at her Virginia Beach trial.

Smith pleaded guilty in October to 68 charges related to 67 fires. He has not yet been sentenced.